Telangana High Court (Photo: DC File)
Hyderabad: The Telangana High Court ruled that while entreating a petition to quash a criminal case, it need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation or registration of the case as well as the material collected in the course of investigation. The judge made the order in a criminal petition filed by Yerram Venkata Subba Reddy.
The allegation against the petitioner was that he was a conspirator in the Gachibowli housing project case worth Rs 25.42 crore and he exercised his personal influence on co-brother and former chief minister Dr. Y.S. Rajasekhara Reddy in according approvals for awarding the project to beneficiaries. Justice Lakshman found that during investigation the IO recorded statements of 48 witnesses, and had collected 46 documents, including note files and MoUs. The judge rejected various arguments made by senior counsel Vivek Reddy appearing for the petitioner.
The judge pointed out that the IO had enough material to point to conspiracy, demand and acceptance and said, “There are several factual aspects which will be considered after conducting a full-fledged trial. Therefore, this is not a fit case to quash the proceedings in exercise of inherent powers of this court under Section 482 of CrPC.”
Police asked to explain
failure to execute NBW
Justice B. Vijaysen Reddy of the Telangana High Court sought the response of the police for their alleged inaction in executing a non-bailable warrant (NBW). The judge was dealing with a writ plea filed by Rameela Kachhela, challenging the inaction of the Narayanguda station house officer and others, in executing a NBW in a cheque bounce dispute. Earlier a lower court had directed the respondent to pay the amount due to the petitioner and a NBW was issued due to non-payment against the respondent for which the police were not taking any action. The judge issued notices to the private respondents and directed the government pleader to get instructions. The matter is posted on April 10.
HC closes case of misappropriation of funds by hospital staff
Justice B. Vijaysen Reddy closed a case complaining of misappropriation of `35 lakh by the staff of ABV multispecialty hospital. It was the case of the petitioner that the hospital authorities filed a complaint with the Shadnagar police station house officer, who had refused to register the same. It was the contention of the petitioner that following the incident, it had approached the High Court over the inaction by the respondent authorities. On the other hand, the authorities contended that the police had registered the FIR and the same was informed to the petitioner hospital as well. Accordingly, the court closed the case.
( Source : Deccan Chronicle )
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